The Bar Association of Sri Lanka (BASL) has sounded a strong alarm over two recently gazetted legislative proposals that legal experts and civil society groups fear could pose significant threats to democratic freedoms, civil liberties, and the rule of law in the country. The two bills in question — the Protection of the State from Terrorism Bill (PSTB) and the Prevention of Organised Crimes Bill (OCB) — have now been placed on the Order Paper of Parliament, raising urgent concerns among legal professionals across Sri Lanka.
What Are the PSTB and OCB?
The Protection of the State from Terrorism Bill (PSTB) is a proposed piece of legislation designed, according to its proponents, to strengthen the state's ability to combat terrorism and protect national security. Similarly, the Prevention of Organised Crimes Bill (OCB) seeks to address the growing threat of organized criminal activity within the country. While both bills are presented as essential tools for maintaining law and order, critics argue that the language and provisions embedded within each bill are dangerously broad and open to serious misuse by authorities.
The BASL, which serves as the primary professional body representing lawyers and advocates throughout Sri Lanka, has carefully reviewed both bills and concluded that they contain provisions that are fundamentally incompatible with the constitutional rights guaranteed to every citizen of Sri Lanka. The Association has urged Parliament to reconsider the bills before they advance further through the legislative process.
BASL's Key Concerns Over the Bills
The Bar Association of Sri Lanka has outlined several critical concerns regarding both the PSTB and the OCB. At the heart of the BASL's objections is the belief that both bills, as currently drafted, could be weaponized against ordinary citizens, political opponents, journalists, human rights defenders, and legal professionals — groups that should be afforded the highest levels of protection under a democratic system of governance.
Legal experts within the BASL have pointed out that the definitions used within the PSTB are excessively vague and sweeping. When anti-terrorism legislation is drafted with imprecise language, it creates opportunities for authorities to apply such laws arbitrarily, targeting individuals or groups based on political motivations rather than genuine threats to national security. This concern is not unfounded — Sri Lanka has a documented history of anti-terrorism laws being misused against minorities, activists, and dissidents, particularly under the now-controversial Prevention of Terrorism Act (PTA).
Similarly, the OCB has drawn criticism for containing provisions that could potentially criminalize a wide range of activities that fall well outside the conventional understanding of organized crime. Legal professionals have warned that without tighter, more precise definitions and robust judicial oversight, the OCB could become another instrument of suppression rather than a genuine tool for fighting criminal networks.
The Broader Implications for Civil Liberties
The BASL's alarm goes beyond the specifics of each bill. The Association has emphasized that both the PSTB and the OCB, if passed in their current form, could collectively create a legislative environment that is deeply hostile to fundamental rights, including the right to free expression, freedom of assembly, the right to a fair trial, and the right to legal representation. These rights are enshrined not only in the Constitution of Sri Lanka but are also protected under international human rights frameworks to which Sri Lanka is a signatory.
There is also significant concern about the potential impact on the independence of the judiciary and the legal profession itself. Laws that grant excessive powers to the executive branch or law enforcement agencies without adequate checks and balances can erode the separation of powers — a cornerstone of any functioning democracy. The BASL has made it clear that it stands firmly in defense of judicial independence and the constitutional order of Sri Lanka.
Calls for Transparent Parliamentary Debate
The Bar Association of Sri Lanka has called upon members of Parliament to ensure that both bills undergo rigorous, transparent, and inclusive scrutiny before any vote is taken. The BASL has stressed that meaningful consultation with legal experts, civil society organizations, human rights bodies, and the general public is not merely advisable — it is essential. Legislation of this magnitude, which has the potential to fundamentally alter the relationship between the state and its citizens, must not be rushed through Parliament without thorough examination and debate.
The Association has also urged the government to consider whether the existing legal framework, with appropriate reforms, could adequately address the concerns that the PSTB and OCB are intended to resolve — without introducing new risks to civil liberties and democratic governance.
Conclusion
The BASL's public expression of alarm over the PSTB and OCB reflects a growing unease within Sri Lanka's legal community about the direction of the country's legislative agenda. As both bills sit on the Order Paper of Parliament, the coming weeks will be critical in determining whether Sri Lanka strengthens its democratic institutions or takes a step backward in its commitment to human rights and the rule of law. The BASL has made its position unequivocally clear — and the government would do well to listen.